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OGDEN, Utah (AP) -- An Ogden judge has dismissed the manslaughter charge against a man accused in the methadone-overdose death of his friend.
Second District Judge Ernie Jones said the victim caused his own death.
Prosecutors told the judge they will appeal his dismissal yesterday of the charge against 55-year-old Harold Eugene Harmon of Ogden in the death last year of 33-year-old Cheyenne Gordon.
Harmon still is charged with first-degree felony drug distribution, which carries a heavier penalty than the manslaughter charge would have.
Police said Harmon admitted providing the methadone to Gordon.
Jones said a search of case law showed numerous appellate rulings that drug distribution did not equate to homicide.
(Copyright 2005 by The Associated Press. All Rights Reserved.)
